ORDER OF AN EXECUTIVE OFFICER CLOSED FOR TENANT ACCOMMODATION PURPOSES ORDER TO VACATE - Alberta ...

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Environmental Public Health

                ORDER OF AN EXECUTIVE OFFICER
         CLOSED FOR TENANT ACCOMMODATION PURPOSES
                      ORDER TO VACATE
To:              Dwight Everett Hagan
                 “the Owner”

And To:          All Occupant(s) of the following Housing premises:

RE:              Those housing premises located in Edmonton, Alberta and municipally described as:
                 12734 69 Street NW

WHEREAS I, an Executive Officer of Alberta Health Services, have inspected the above noted
premises pursuant to the provisions of the Public Health Act, RSA 2000, c. P-37, as amended;

AND WHEREAS such inspection disclosed that the following conditions exist in and about the
above noted premises which are or may become injurious or dangerous to the public health or which
might hinder in any manner the prevention or suppression of disease, namely:

      a. The exterior guard rail was in disrepair and not properly attached to the front steps. The gaps
         between the spindles were also greater than 4 inches.
      b. The exterior steps leading from the back deck had been removed and there was no means
         to safely egress.
      c. There was no handrail on the stairs leading to the basement.
      d. There was a large accumulation of items in the backyard which could lead to pest
         harbourage and infestation.
      e. Numerous windows throughout the premises were broken and various windows were not
         properly weatherproofed. Some panes were not adequate size, some panes were broken,
         and some were missing window panes.
      f. The back bedroom window did not stay open on its own.
      g. The walls, floors, and bathtub finishes did not form water tight joint with one another.
      h. There was no mechanical or natural ventilation in the washroom. The window installed was
         not openable.
      i. The shelf under the kitchen sink was mouldy and water damaged.
      j. The ceiling finishes in the kitchen was in disrepair. It may contain asbestos
      k. There were broken floor tiles throughout the kitchen and numerous tiles were missing
         exposing the sub floor.
      l. There was a hasp lock on the exterior bedroom door.
      m. The plumbing in the basement was leaking and a large bucket was set up to catch water.
      n. There was extensive mould growth on the basement walls. It spanned the whole length of
         the home and was approximate three feet high.

AND WHEREAS such inspection disclosed that the following breaches of the Public Health Act and the
Housing Regulation, Alberta Regulation 173/99, and the Minimum Housing and Health Standards exist
in and about the above noted premises, namely:
Order of an Executive Officer – Closed for Tenant Accommodation – Order to Vacate
RE:    The premises located in Edmonton, Alberta and municipally described as: 12734 69 Street NW
Page 2 of 5

         a. Items (a, b, and c) are in contravention of section III(3)(c)(i) of the Minimum Housing and
            Health Standards that states: Inside or outside stairs or porches including all treads,
            risers, supporting structural members, handrails, guards and balconies, shall be
            maintained in good repair and shall comply with the requirements of the Alberta Building
            Code or a Professional Engineer design.
         b. Item (d) is in contravention of section V(16) of the Minimum Housing and Health
            Standards that states: The owner shall ensure that all rooms and other areas used in
            common by the occupants of the individual dwellings are maintained in a clean and
            sanitary
         c. Item (e) is in contravention of section III(2)(b) of the Minimum Housing and Health
            Standards that states: All windows shall be maintained in good repair, free of cracks and
            weatherproof.
         d. Item (f) is in contravention of section III (3)(b)(ii) of the Minimum Housing and Health
            Standards which states: Windows referred to in section 3(b)(i) shall provide
            unobstructed openings with areas not less than 0.35 m2 (3.8ft2), with no dimension less
            than 380 mm (15”).
         e. Item (g) is in contravention of section III (5)(a) of the Minimum Housing and Health
            Standard which states: Rooms containing a flush toilet and/or a bathtub or shower shall
            have walls and floors that are smooth, non-absorbent to moisture and easy to clean. All
            walls shall form a watertight joint with each other, the floor, the ceiling and where
            applicable with the bathtub or shower.
         f. Item (h) is in contravention of section IV (7) (c) of the Minimum Housing and Health
            Standards which states: All rooms containing a flush toilet and/or bathtub or shower shall
            be provided with natural or mechanical ventilation.
         g. Items (i. and n.) are in contravention of section III(1)(c) of the Minimum Housing and
            Health Standards which states that: Building materials that have been damaged or show
            evidence of rot or other deterioration shall be repaired or replaced.
         h. Items (j, l and n) are in contravention of section 5(2) of the Housing Regulation (AR
            173/99) that states: No person shall cause or permit any condition in housing premises
            that is or may become injurious or dangerous to the public health, including any condition
            that may hinder in any way the prevention or suppression of disease.
         a. Items (k and j) are in contravention of section III(5) of the Minimum Housing and Health
            Standards that states: All walls, windows, ceilings, floors, and floor coverings shall be
            maintained in good repair, free of cracks, holes, loose or lifting coverings and in a
            condition that renders it easy to clean. (b) Rooms and sections of rooms that are used for
            food preparation and cooking shall have walls and floors constructed of materials which
            do not provide harbourage to dirt, grease, vermin and bacteria and that are easily kept
            clean.
         i. Item (m) is in contravention of section IV(6)(c) of the Minimum Housing and Health
            Standards that states: All plumbing fixtures shall be serviceable, free from leaks, trapped
            and vented to the outside.

AND WHEREAS, by virtue of the foregoing, the above noted premises are hereby declared to be
Closed for Tenant Accommodation Purposes.

NOW THEREFORE, I hereby ORDER and DIRECT:

         1. That the occupants vacate the above noted premises on or before August 31, 2021
Order of an Executive Officer – Closed for Tenant Accommodation – Order to Vacate
RE:    The premises located in Edmonton, Alberta and municipally described as: 12734 69 Street NW
Page 3 of 5

         2. That the Owner immediately undertake and diligently pursue the completion of the
            following work in and about the above noted premises, namely:
                 a. You must retain the services of an Environmental Consultant or
                    Industrial/Occupational Health Hygienist, that must be approved by Alberta Health
                    Services and prior to the commencement of renovation or repairs:

                       As this premise was built prior to 1990, the presence of asbestos within building
                       materials is likely thus all precautions must be taken. The consultant must assess
                       the conditions within the above noted premises including performing applicable
                       sampling for asbestos containing materials.

                       In the event asbestos is present provide Environmental Public Health with a
                       written asbestos management/abatement plan in accordance with the Alberta
                       Occupational Health and Safety Code for Asbestos abatement. Ensure proper
                       removal/handling of impacted materials follow current codes and standards.

                       Have the environmental consultant assess the conditions within the above noted
                       premises for all water damaged materials and mould. A full pre mould
                       remediation inspection report is required. At a minimum the report must describe
                       the building construction, finishes, materials and components and
                       recommendations for restoration. All hazardous building materials are to be
                       properly managed and disposed of in accordance with government standards and
                       guidelines and industry codes of practice. Once the materials have been
                       removed and a post mould remediation report is required this will include
                       photographic evidence that all moldy material has been removed and
                       environmental air quality sampling. Testing and reporting shall follow the
                       requirements outlined in Alberta Health Services’ Fungal Air Testing Protocol.

                  b. Repair or replace the exterior guard rail on the front step so it is in good repair
                     and complies with the current Alberta Building Code requirements.
                  c. Install stairs and guards on the back of the home and ensure it in good repair and
                     complies with the Alberta Building Code requirements.
                  d. Install a handrail on the stairs leading to the basement.
                  e. Clean the back yard so items are neatly organized and stored in a manner to limit
                     pest harbourage and infestation.
                  f. Repair or replace all windows in the premises so they are all in good repair, free
                     of cracks and weatherproof. Openable windows must be equipped with screens
                     and capable of being secured.
                  g. Ensure all windows in the bedrooms that are intended for emergency egress can
                     stay open on their own and providing and opening of at least 0.35m2 for egress.
                  h. Recalk the joints between the walls, floors, and bathtub finishes so they form a
                     water tight joint with one another.
                  i. Either install mechanical ventilation into the washroom or replace the window in
                     the washroom with a window that can be opened.
                  j. Remove the damaged shelf kitchen shelf under the sink and replace it with
                     material that is in good repair, non-absorbent to moisture and easy to clean.
Order of an Executive Officer – Closed for Tenant Accommodation – Order to Vacate
RE:    The premises located in Edmonton, Alberta and municipally described as: 12734 69 Street NW
Page 4 of 5

                  k. Repair or replace the flooring and ceiling in the kitchen so it is in good repair,
                     nonabsorbent to moisture and easy to clean.
                  l. Remove the hasp lock from the bedroom door.
                  m. Repair the plumbing leak and any other sources of moisture in the basement.

         3. That until such time as the work referred to above is completed to the satisfaction of an
            Executive Officer of Alberta Health Services; the above noted premises shall remain
            closed for tenant accommodation purposes.

The above conditions were noted at the time of inspection and may not necessarily reflect all
deficiencies. You are advised that further work may be required to ensure full compliance with the
Public Health Act and regulations, or to prevent a public health nuisance.

DATED at Edmonton Alberta, August 3, 2021.

Executive Officer
Alberta Health Services

                                                 You have the right to appeal

       A person who         a) is directly affected by a decision of a Regional Health Authority, and
                            b) feels himself aggrieved by the decision

       may appeal the decision by submitting a Notice of Appeal form within ten (10) days after receiving the order
       to:

                  Public Health Appeal Board
                  c/o Central Reception
                  Main Floor, ATB Place North Tower
                  10025 Jasper Avenue NW
                  Edmonton, Alberta, T5J 1S6
                  Phone: 780-222-5186
                  Fax: 780-422-0914
                  Email: HealthAppealBoard@gov.ab.ca
                  Website: https://www.alberta.ca/public-health-appeal-board.aspx

       A Notice of Appeal form may be obtained by contacting Alberta Health Services at 780-342-0122 or by
       contacting the Public Health Appeal Board.

                                       Health Legislation, Regulations and Standards

       Electronic versions of the Public Health Act and Regulations are available at the Alberta Queen's Printer
       Bookstore 10611 - 98 Avenue, Main Floor, Park Plaza, Edmonton, Alberta, T5K 2P7 or www.qp.gov.ab.ca.
Order of an Executive Officer – Closed for Tenant Accommodation – Order to Vacate
RE:    The premises located in Edmonton, Alberta and municipally described as: 12734 69 Street NW
Page 5 of 5

       Health Legislation and regulations are available for purchase. Please contact Alberta Queen's Printer
       Bookstore 10611 - 98 Avenue, Main Floor, Park Plaza, Edmonton, Alberta, T5K 2P7 or www.qp.gov.ab.ca.

       Copies of standards are available by contacting the Health Protection Branch of Alberta Health at
       780-427-4518 or by visiting: https://www.alberta.ca/health-standards-and-guidelines.aspx
                                                                                    Template revised Feb 20, 2020

                                       Edmonton • Environmental Public Health
                                 10055 – 106 Street NW Edmonton, AB, Canada T5J 2Y2
                                  www.albertahealthservices.ca/eph.asp
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